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(영문) 서울중앙지방법원 2018.12.04 2018나24393

어음금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. As to the assertion of violation of the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”), the Defendant asserts that the joint and several sureties in this case falls under the terms and conditions prescribed in the Act on the Regulation of Terms and Conditions, and that the Plaintiff did not name the Defendant at all regarding the contents of the contract in this case, and thus, the rejection of the joint and several sureties in this case is null

On the other hand, "Terms and Conditions Regulation Act" means that either party to a contract becomes a content of a contract prepared in advance in order to enter into a contract with a large number of other parties, regardless of its name, form or scope. According to the table of the document, the awareness of the joint and several surety in this case only includes the contents that the joint and several surety is jointly and severally guaranteed by the principal debtor's flag, current or future civil and commercial debts, and does not include any specific terms and conditions, and the general joint and several surety that the defendant prepared is limited to KRW 100 million, unlike the F and the general joint and several surety that the joint and several surety in the first instance trial co-defendant A prepared by the joint defendant in the first instance trial. In light of the above, the awareness of the joint and several surety in this case is limited to KRW 100,000,000,000, and it cannot be deemed that the plaintiff unilaterally prepared and prepared in advance to enter into a contract

Therefore, the first defendant's argument is added to this different premise.